1 Under section 24.6 of 29 C.F.R.,
the regulation implementing
the ERA, an ALJ is authorized to issue only a recommended
decision, which must be reviewed by the Secretary before it
becomes final.
2 Subparagraph (ii) of section
24.5(el (4) does not apply to
voluntary dismissals. Paragraph (4) of 29 C.F.R. SS 24.5(e) is
labeled Dismissal for Cause. Subparagraph (i) sets forth two
causes for which a claim may be dismissed while subparagraph (ii)
prescribes a procedure for dismissals. Since subparagraph (ii)
is a part of the paragraph entitled Dismissal for Cause, a fair
reading of the regulation compels the conclusion that
subparagraph (ii) applies only to dismissals for cause. Had
the regulation intended that subparagraph (ii) apply to other
than dismissals for cause, this subparagraph would have been
structured as a separate paragraph or separate section.
Furthermore, the procedure provided in subparagraph (ii) would
have been designed to be more appropriate for voluntary dismissal
requests. In situations such as the one presented here - where
Respondent has indicated that it does not oppose Complainant's
dismissal request and that it seeks no conditions - an order to
show cause is not called for.